TRANSMITTAL LETTER FOR BOARD MEETING OF AUGUST 29, 2013
COMMITTEE ON REAL ESTATE
Mr. David St. Pierre, Executive Director
Title
Authority to waive the District's standard easement agreement language in connection with the grant of a 50-year ecosystem restoration project along the west bank of the North Branch of the Chicago River to the Chicago Park District (As Revised)
Body
Dear Sir:
At its Board Meeting on June 20, 2013, the Board of Commissioners approved a 50-year, 2.83-acre non-exclusive easement agreement to the Chicago Park District ("CPD"), along the west bank of the north branch of the Chicago River, between Irving Park Road and Montrose Avenue, in Chicago, Illinois, for an non-exclusive ecosystem restoration project called "Horner Park Section 206 Aquatic Ecosystem Restoration." The CPD is the local sponsor for the United States Army Corps of Engineers ("USACOE"). A copy of the transmittal letter is attached.
During the negotiation of the easement agreement, the USACOE requested a waiver of the standard provision in the easement agreement, which allows the District to take the property back for corporate purposes, since the USACOE is investing approximately five million dollars in the project. The District's technical departments foresee no future corporate use for this area, along the bank, other than its existing facilities, so it has no objections to waiver of the provision. The District previously waived this provision for the USACOE's fish barrier project in Romeoville, Illinois.
It is requested that the Executive Director recommend to the Board of Commissioners that it authorize a waiver of the District's standard easement language, allowing it to take back the property if needed for corporate purposes, in connection with the grant of a 50-year ecosystem restoration project along the west bank of the North Branch of the Chicago River to the Chicago Park District.
Requested, Ronald M. Hill, General Counsel; RMH:STM:MLD:ldl
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Real Estate
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for August 29, 2013
Attachment